When a loved one passes unexpectedly, it can be a very emotional time for the surviving family members. Individuals that financially relied on the loved one will be dealing with their grief as well as worrying about their financial future. A wrongful death attorney can help surviving family members obtain the compensation they deserve. An attorney understands the grief, pain and hurt a family will have. They will begin to build a strong case against the negligent party and work closely with the family members. Wrongful death cases can arise from any type of accident or a crime.
A wrongful death case is a civil court case. It can be filed when intentional, reckless or negligent conduct of one party results in the death of an individual. It is similar to a personal injury claim except the victim cannot file their own claim in court. There is a two-year statute of limitations for wrongful death claims. This means the family has two years to file a claim from the date of the death or they will lose their rights to file. A wrongful death case can have various defendants involved. For example, if an individual lost their life in a multiple car accident, a wrongful death attorney will review all of the information to determine who the lawsuit should be filed against.
There are only certain parties that will be able to file a wrongful death lawsuit for a deceased loved one. The parents of a victim can file if the victim does not have a surviving spouse or children. The deceased person’s executor or personal representative can also file a claim on behalf of the estate. Any money recovered will be placed into the victim’s estate. A surviving spouse, domestic partner or children of the victim can also file a lawsuit on behalf of the deceased individual. Other individuals may be able to file a lawsuit depending on their relationship with the victim.
